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Employment Equity Act, 1998 (Act No. 55 of 1998)

Code of Good Practice

Key Aspects of HIV/Aids and Employment

6. Promoting a Non-Discriminatory Work Environment


1) No person with HIV or AIDS shall be unfairly discriminated against within the employment relationship or within any employment policies or practices, including with regard to:
i) recruitment procedures, advertising and selection criteria;
ii) appointments, and the appointment process, including job placement;
iii) job classification or grading;
iv) remuneration, employment benefits and terms and conditions of employment;
v) employee assistance programmes;
vi) job assignments;
vii) the workplace and facilities;
viii) occupational health and safety;
ix) training and development;
x) performance evaluation systems;
xi) promotion, transfer and demotion;
xii) disciplinary measures short of dismissal; and
xiii) termination of services.


2) To promote a non-discriminatory work environment based on the principle of equality, employers and trade unions should adopt appropriate measures to ensure that employees with HIV and AIDS are not unfairly discriminated against and are protected from victimisation through positive measures such as:
i) preventing unfair discrimination and stigmatisation of people living with HIV or AIDS through the development of HIV/AIDS policies and programmes for the workplace;
ii) awareness, education and training on the rights of all persons with regard to HIV and AIDS;
iii) mechanisms to promote acceptance and openness around HIV/AIDS in the workplace;
iv) providing support for all employees infected or affected by HIV and AIDS; and
v) grievance procedures and disciplinary measures to deal with HIV related complaints in the workplace.